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Drawbridge Operation Regulations: Snake Creek Drawbridge, Islamorada, FL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 19, 2001 (Volume 66, Number 139)]
[Proposed Rules]
[Page 37615-37616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy01-25]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD7-01-056]
RIN 2115-AE47
Drawbridge Operation Regulations: Snake Creek Drawbridge,
Islamorada, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
of the Snake Creek drawbridge (US 1) connecting Windley Key with
Plantation Key at Islamorada, Florida. This rule would allow the
drawbridge to open on signal except that from 7 a.m. until 6 p.m., the
draw can open on the hour and half-hour. This action is intended to
improve the movement of vehicular traffic while not unreasonably
interfering with the movement of vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before September 17, 2001.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 406,
Miami, FL 33131. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket [CGD07-01-056]
and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 S.E. 1st Avenue, Room 406, Miami, FL 33131 between 8 a.m. and 4:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909
SE 1st Ave, Miami, FL 33130, telephone number 305-415-6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-01-
056], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Bridge Branch, Seventh Coast Guard
District, 909 SE 1st Ave, Room 406, Miami, FL 33131, explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The Snake Creek bascule bridge is a two lane narrow undivided
arterial roadway, which is the only roadway into and out of the Florida
Keys and is already severely congested due to insufficient capacity.
Existing operating schedule is on demand and can be found at 33 CFR
117.5. The proposed rule will allow the bridge owner to open the bridge
on the hour and half hour during the heavy vehicle traffic period from
7 a.m. until 6 p.m.
Discussion of Proposed Rule
The proposed rule allows the bridge to open on signal except that
from 7 a.m. until 6 p.m. the bridge can open on the hour and half-hour.
This should aid in the movement of traffic across the bridge, while not
unreasonably interfering with the movement of vessel traffic through
the draw.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not
[[Page 37616]]
reviewed it under that Order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, l979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit under the Snake Creek bridge during the hours of 7
a.m. to 6 p.m. The Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities because the number of openings
that occur during the proposed period of additional regulations is less
than twice per hour and the maximum waiting time will be 30 minutes.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e) of Commandant
Instruction M16475.lC, this proposed rule is categorically excluded
from further environmental documentation.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.331 is added to read as follows:
Sec. 117.331 Snake Creek.
The draw of the Snake Creek bridge at Islamorada, shall open on
signal, except that from 7 a.m. to 6 p.m. the draw need open only on
the hour and the half-hour. Public vessels of the United States and
vessels in distress shall be passed through the draw as soon as
possible.
Dated: July 2, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 01-17995 Filed 7-18-01; 8:45 am]
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